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DocuSign Envelope ID:B749018F-351A-4D6F-9FC5-C2EB21856524
<br /> Consolidated Agreement FY22 Page 23 of 27
<br /> the services are funded by Federal programs either directly or through State or local governments,by Federal grant,contract,
<br /> loan,or loan guarantee. The law does not apply to children's services provided in private residences,facilities funded solely
<br /> by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply
<br /> with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000.00 per day and/or the
<br /> imposition of an administrative compliance order on the responsible entity.
<br /> The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that it will
<br /> require the language of this certification be included in any subawards that contain provisions for children's services and
<br /> that all subgrantees shall certify accordingly.
<br /> IV. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion Lower Tier
<br /> Covered Transactions
<br /> Instructions
<br /> [The phrase"prospective lower tier participant"means the Contractor.]
<br /> 1. By signing and submitting this document, the prospective lower tier participant is providing the certification set out
<br /> below.
<br /> 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this
<br /> transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
<br /> erroneous certification, in addition to other remedies available to the Federal Government, the LHD or agency with
<br /> which this transaction originate may pursue available remedies, including suspension and/or debarment.
<br /> 3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is
<br /> submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
<br /> or has become erroneous by reason of changed circumstances.
<br /> 4. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction,""participant,"
<br /> "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause,
<br /> have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45
<br /> CFR Part 76.You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
<br /> regulations.
<br /> 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction
<br /> be entered into,it shall not knowingly enter any lower tier covered transaction with a person who is debarred,suspended,
<br /> determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the
<br /> LHD or agency with which this transaction originated.
<br /> 6. The prospective lower tier participant further agrees by submitting this document that it will include the clause titled
<br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered
<br /> Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
<br /> transactions.
<br /> 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
<br /> transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it
<br /> knows that the certification is erroneous. A participant may decide the method and frequency by which it determines
<br /> the eligibility of its principals. Each participant may,but is not required to,check the Non-procurement List.
<br /> 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
<br /> in good faith the certification required by this clause. The knowledge and information of a participant is not required to
<br /> exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br /> 9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction
<br /> knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
<br /> voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
<br /> Government, the LHD or agency with which this transaction originated may pursue available remedies, including
<br /> suspension, and/or debarment.
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